Rothman's, Benson & Hedges Inc. et al. v. Attorney General of Canada

Three tobacco manufacturers sought a stay of the Tobacco Products Information Regulations (SOR/2000-272), which required pictorial health warnings on 50% of primary display surfaces, a health information message on one lateral side or insert, and constituents and emissions figures on one lateral side. The manufacturers alleged that the requirements were ultra vires, came under provincial jurisdiction, constituted an expropriation, and were so vague as to make compliance impossible, among other arguments. While these claims were pending before the court, tobacco manufacturers sought a stay of implementation.

The Court dismissed the manufacturers’ application for a stay of implementation of the packaging and labeling regulations. The Court determined that granting interlocutory relief would cause greater harm to the public interest than the inconvenience that tobacco manufacturers would suffer if implementation proceeds while the claims are pending.

Rothman's, Benson & Hedges Inc. et al. v. Attorney General of Canada, 2000 CanLII 18520 (QC CS).

  • Canada
  • Sep 20, 2000
  • Superior Court, District of Montreal
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Parties

Plaintiff

  • Imperial Tobacco Limited
  • JTI-Macdonald Inc.
  • Rothman's, Benson & Hedges Inc.

Defendant Attorney General of Canada

Third Party

  • Canadian Cancer Society

Legislation Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None

"The Applicants may be right in claiming that the Regulations passed by the Government during in the last decade leaves the way open to a gradual erosion of their right to freedom of expression without for all that being an effective measure to curb tobacco use in Canada. However, the issue must at this stage remain unresolved. It is important to note that the Applicants challenge neither the content of the warnings that must be posted on the packaging, nor the contents of the health information that must be displayed on packages or on a prospectus, nor the disclosure of toxic emissions and constituents. The harm of which they complain is of a strictly economic character, excluding the basic legal issues that will inevitably be argued on the merits. It is by no means assured that the upsurge in smoking amongst youths only stems from lower prices, nor is it certain that catchier messages will solve the problem. Many factors can account for the present failure. At this stage however, despite their imperfections, the Regulations were admittedly enacted in the public’s interest. To deprive them of any effect for an unlimited period of time in an interlocutory proceeding would be tantamount to impeding the pursuit of the common good."